2007-3578 OrdinanceDESIGNATION T/MEFRAMES
ORDINANCE NO. 2007-3578
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER
118, "ADMINISTRATION AND REVIEW PROCEDURES,"
ARTICLE X, "HISTORIC PRESERVATION", DIVISION 3,
"ISSUANCE OF CERTIFICATE OF
APPROPRIATENESS/CERTIFICATE TODIG/CERTIFICATE
OF APPROPRIATENESS FOR DEMOLITION", BY
AMENDING SECTION 118-591 TO MODIFY HISTORIC
DESIGNATION PROCEDURES; PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY,
APPLICABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Historic Preservation Board is charged by
Ordinance with serving in an advisory capacity to the City Commission and other City
Boards on issues affecting the City's architecture, design, historic districts and structures
and in aquasi-judicial capacity with respect to applications for demolition of historic
structures; and
WHEREAS, the City of Miami Beach wishes to preserve its unique architectural
history and to maintain the structural, historical and architectural integrity of existing
structures in the City's designated historic districts and sites; and
WHEREAS, the City of Miami Beach continually seeks to update and clearly define
the requirements of the Land Development Regulations of the Code of the City of Miami
Beach as they pertain to Designation Procedures; and
WHEREAS, the City of Miami Beach desires to refine, clarify, expand and enhance
existing procedures and requirements for the designation of Historic Districts and Sites;
and,
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 118, "Administration and Review Procedures", Article X, "Historic
Preservation", Division 3, "Issuance of Certificate of Appropriateness/Certificate to
Dig/Certificate of Appropriateness for Demolition", of the Land Development Regulations of
the Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 118-591. Historic designation procedure.
(b) Preliminary review. Upon receipt of a completed application and fees, if applicable,
the planning department shall prepare an evaluation and recommendation for
consideration by the board. After considering the department's recommendation, amajority
vote of the board shall be necessary to direct the department to prepare a designation
report. The city commission shall be notified of the board's decision and the initial
boundaries proposed for designation. Within 60 days of the vote of the historic preservation
board to direct the planning department to prepare a designation report, the city
commission may, by afive-sevenths vote, deny or modify the proposed request for
designation, as well as establish specific timeframes for the completion of the evaluation
and recommendation and/or designation report.
(c) Requests for demolition permits. If, following a vote of the historic preservation
board, after a public hearing noticed according to the requirements of section 118-164, to
(i) instruct the planning department to prepare a requestforthe designation of an individual
historic site or district and an evaluation and recommendation in accordance with section
118-591, or (ii) to extend the interim procedures imposed under subsection ~~ below,
and a permit is sought for demolition affecting the subject structure, or any property within
the proposed designation site or district, that permit shall not be issued until one of the
following occurs:
(1) The proposed historic preservation designation is approved by the city commission
and a certificate of appropriateness is awarded by the board pursuant to division 3 of this
article;
(2) The proposed historic preservation designation is denied by the city commission; or
(3) The applicant applies for an accelerated approval of a certificate of appropriateness
prior to the final enactment of the historic preservation designation for the proposed site;
and such certificate of appropriateness has been issued under the provisions of division 3
of this article. The planning department shall place an application for an accelerated
approval of a certificate of appropriateness upon the next available agenda of the historic
preservation board.
(d) Timeframes for preparing designation reports. The applicant orthe planning department
shall have up to one year, from the date the historic preservation board votes to instruct
staff to prepare either an evaluation and recommendation. or a designation report, to
prepare such evaluation and recommendation. or designation report and present it to the
board for consideration, unless a different timeframe is set pursuant to section (b above. If
either the evaluation and recommendation, or designation report is not completed within
such eAe-yeas time periods, the applicant or the planning department may request
approval from the city commission for additional periods of six
months or less within which to complete the evaluation_ and recommendation. or
designation report.
~~ Interim procedures for demolition permits. The persons or entities listed in (a)(1)
2
above, may request the board to instruct the planning department to prepare a designation
report and implement interim procedures for demolition permits. The planning director, or
designee, may prepare and submit to the historic preservation board an evaluation and
recommendation for designation at a meeting noticed in a newspaper of general circulation
at least five business days in advance of the hearing. The property owner shall be notified
in writing, by regular mail sent to the address of the owner on the Miami-Dade County
Property Appraiser's tax records, and postmarked at least five business days in advance of
the hearing. The city commission shall also then be notified. If the historic preservation
board finds that the evaluation and recommendation presents a prima facie case that the
property meets the criteria of the land development regulations for designation, it shall
instruct the planning department to prepare a designation report, in which case the
procedures for the issuance of a demolition permit set forth in subsection (c) above, shall
be applicable for 60 days from the date of such vote. Within 60 days of the vote by the
historic preservation board to instruct the planning department to prepare a designation
report the city commission may, by afive-sevenths vote, deny or modify the proposed
request for designation, as well as establish specific timeframes for the completion of the
evaluation and recommendation and/or designation report. The interim procedures shall
continue to apply after the 60 days expires only by a vote of the historic preservation board
to proceed with the designation process at a public hearing with notice as provided in
subsection (c) above, or by agreement in writing of the property owner. Application and
fees, if applicable, shall be filed within ten days of the board's vote at the initial public
hearing, but shall not delay commencement of the interim procedures. The interim
procedures herein shall not be applicable to the individual designation of single-family
homes located in single-family zoning districts.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be
made part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or relettered to accomplish such intention, and the word
"ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. APPLICABILITY.
Notwithstanding the provisions of Section 118-168(a) of the City Code regarding the
enforcement of amendments to the land development regulations, for purposes of this
ordinance, any designation request initiated prior to December 31, 2006 shall be fully
exempt from these regulations.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 17th da
A TEST:
G
ITY CLERK Robert Parcher
First Reading:
Second Reading:
Verified by:
G
rector
Underscore denotes new language
10/17/2007
P
APPROVED AS TO
FORM & LANGU GE
EXEC ION
/ ~ 1~~ Q~
' Attorney, Date
T:\AGENDA\2007\OCT1707\REGULAR\DESIGNATION TIMEFRAMES 2007-ORD.OCT.DOC
4
COMMISSION ITEM SUMMARY
Condensed Title:
Ordinance Amendment -Designation Timeframes
tlntenaea t~uicome auppvrz~a:
Increase satisfaction with development and growth management across the City.
Increase satisfaction with neighborhood character.
Supporting Data (Surveys, Environmental Scan, etc.): Development construction was ranked No. 5 by
residents as one of the changes that will make Miami Beach a better place; 66% of residents and 63% of
businesses rated the amount done b the Ci for historic reservation as the ri ht amount.
Icc~~p•
Shall the City Commission approve an Ordinance Amendment to modify the timeframes for the preparation
of Evaluation and Recommendation Reports, as well as Designation Reports?
Item 5ummaryircecommenaation:
SECOND READING
The proposed Ordinance creates specific timeframes for the preparation of Evaluation and
Recommendation, as well as Designation Reports. Additionally, the subject Ordinance establishes specific
procedures for extending such timeframes.
The Administration recommends that the Commission adopt the Ordinance.
-dvisory ttoara rcecommenaaiion:
On May 14, 2007, the Land Use and Development Committee reviewed the proposed Ordinance and
recommended approval. On July 24, 2007 the Planning Board transmitted the proposed Ordinance to the
City Commission with a favorable recommendation.
The Historic Preservation Board reviewed the proposed Ordinance on September 11, 2007 and
recommended approval, subject to certain modifications.
Financial Information:
Source of Amount .Account
Funds: ~
N/A 2
3
OBPI Total
Financial Impact Summary: N/A
Cit Clerk's Office Le islative Trackin
Thomas Mooney -Planning Department
Sian-Offs:
~ laepartment,~~rector ~ \ Assy~tant City Manager ~ City Manager
nation
m MIAMIBEACH
2007-SUM.oct.doc
At"aEIVDA ITEM S..I
DATE 10-17-0~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
SECOND READING
DATE: October 17, 2007
SUBJECT: DESIGNATION TIMEFRAMES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE X, "HISTORIC PRESERVATION", DIVISION 3,
"ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO
DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION", BY
AMENDING SECTION 118-591 TO MODIFY HISTORIC DESIGNATION
PROCEDURES; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY, APPLICABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
On February 14, 2007 the City Commission referred the subject Ordinance Amendment to
the Land Use and Development Committee.
Section 118-591 of the City Code specifies that an applicant or the Planning Department has
up to one year, from the date the Historic Preservation Board votes to instruct staff to
prepare a designation report for the possible designation of an historic site or district, to
actually prepare the report. If the report is not prepared within one-year, the Historic
Preservation Board may allow for additional periods of 6 months, or less, to prepare the
report. The one-year timeframe currently does not apply to Evaluation and
Recommendation Reports, which typically precede the preparation of an actual Designation
Report, and which effectuate the imposition of demolition moratoriums.
Designation Timeframes
October 17, 2007
Page 2 of 3
ANALYSIS
In order to provide consistency with the evaluation stage of the designation process, the
proposed Ordinance would create aone-year time frame requirement for the preparation of
both Evaluation and Recommendation Reports and Designation Reports.
The subject Ordinance went before the Land Use Committee on March 12, 2007, and was
continued to the April 9, 2007 meeting. After discussing the item on April 9, 2007, the Land
Use Committee continued the matter to the May 14, 2007 meeting, in order for Planning
Department Staff to provide more information pertaining to the status of existing designation
requests. Currently, two (2) proposed historic districts are pending:
1. Flamingo Park Expansion (East side of Alton Road from 7th-14th Streets). The
Designation Report for this district is anticipated to be submitted to the HP Board in
July (2007).
2. Collins Waterfront Expansion (Collins Avenue from 44th-53rd Street). The
Designation Report for this district is anticipated to be submitted to the HP Board in
the fall (Oct/Nov 2007).
The Land Use and Development Committee reviewed the proposed Ordinance on May 14,
2007 and recommended approval. As part of this approval, the Land Use Committee
recommended the following:
1. The City Commission, by a 5/7 vote, would be able to establish specific timeframes
for the completion of the Evaluation and Recommendation and/or Designation
Report, as part of its initial 60 day review of any designation proposal.
2. In the event that the Commission does not review a designation proposal within the
first 60 days, a one year completion period shall be required for Evaluation and
Recommendation Reports, as well as Designation Reports.
3. The City Commission would now have the authority to allow for additional periods of
6 months, or less, to prepare the Evaluation and Recommendation and/or
Designation Reports.
On July 24, 2007, the Planning Board considered the proposed Ordinance Amendment and
transmitted it to the City Commission with a favorable recommendation.
The Historic Preservation Board reviewed the subject Ordinance on September 11, 2007
and recommended approval. However, as part of the endorsement of the Ordinance, the
Board recommended that the jurisdiction pertaining to timeframes and extensions for
completing Evaluation and Designation Reports remain with the Historic Preservation Board.
FISCAL IMPACT
The proposed Ordinance is not expected to have any fiscal impact.
Designation Timeframes
October 77, 2007
Page 3 of 3
CONCLUSION
The Administration recommends that the City Commission adopt the proposed Ordinance.
Pursuant to Section 118-164(4) of the City Code, an affirmative vote offive-sevenths shall
be necessary in order to enact any amendments to the Land Development Regulations.
JMG/TH/JGG/TRM
T:\AGENDA\2007\oct1707\Regular\Designation Timeframes 2007 - MEM.oct.doc
-f ~~ ~ MIAMI~EACH ~oTicE OF U'BLIC HEACRING
NOTICE IS HEREBY given that a second reading and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in
the Commission Chambers, 3rd fkxx, City HaIt,1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, October 17, 2007, to consider the
following:
10:20 a.m.
An Ordinance Amending Miami Beach City Code Chapter 2, Article III, Division 17 Entitled: "Commission On The Status Of Women" So As To Change Its
NamA To "City Of Miami Beach Commission For Women".
Inquiries may be directed to the Legal Department at (305) 673-7470.
10:25 a.m.
An Ordinance Amending Chapter 82 Of The Miami Beach City Code Entitled "Public Property," ByAmending Article IV, Thereof Entitled "Beaches,"By
Amending Division I, Entitled "Generally,° ByAmending Section 82-441 Entitled "Fishing'From Viaducts And Bridges"By Prohibiting Fishing In The Jetty
Area Between 29th And 33rd Streets And In Restricted Swim Areas In The City. _
Inquiries may be directed to the Legal Department at (305) 673-7470.
10:30 a.m.
An Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, Providing For The Group IV
Classifications, Those Being The Classifications Covered By The Communication Workers Of America (CWA), Local 3178, In Accordance With The
Negotiated Agreement; Effective In The First Pay Period Ending In October Of 2006, There Shall Be An Across The Board Wage Increase Of Six Percent
(6%), And The Minimum And Maximum Of Each Pay Range WIII Also Be Increased By Six Percent (6%); Effective With The First Pay Period Ending In
October Of 2007, There Shall Be An Across The Board Wage Increase Of Five Percent (5%), And The Minimum And The Maximum Of Each Pay Range Will
Also Be Increased By Five Percent (5%); Effective With The First Pay Period Ending In October Of 2008, There Shall Be An Across The Board Wage Increase
Of Four Percent (4°k); And The Minimum And The Maximum Of Each Pay Range Will Also Be Increased By Four Percent (4%); And Amending The Salary
Ranges Of The Classifications Specified In The Negotiated Agreement; And By Abolishing The Classification Of Water Service Representative, And
Establishing The Classification Of Water Meter Supervisor In Group V, Being Those Classifications Covered By The Govemment Supervisors Association Of.
Florida, OPIEU Local 100, (GSAF); By Abolishing The Classification Of Administrative Aide IURisk Management And Establishing The Classification Of
Storekeeper III, In Group VI, Being Other Classifications In The Classified Service Not Covered By A Bargaining Unit.
Inquiries may be directed to the Human Resources and Risk Management Department at (305) 673-7520.
10:30 a.m. \
An Ordinance Amending Ordinance No.1335, The Classified Employees' Leave Ordinance, By Amending The Provisions For Accumulation And Payment Of
Annual And Sick Leave For The Communication Workers Of America (CWA) And "Others".,Classifications In The Classified Services Not Covered By A
Bargaining Unit.
Inquiries may be directed to the Human Resources and Risk Management Department at (305) 673-7520.
10:30 a.m.
An Ordinance Amending Ordinance No.1613, The Unclassified Employees' Leave Ordinance, ByAmending The Provisions For Accumulation And Payment
Of Annual And Sick Leave.
Inquiries may be directed to the Human Resources and Risk Management Department at (305) 673-7520.
10:35 a.m.
An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance, By Abolishing The Classifications Of Arts, Culture &
Entertainment Director, Log Cabin Education Coordinator; Log Cabin Employment Specialist/Job Coordinator, Log Cabin Instructor, Log Cabin Program
Administrator, Log Cabin DriverMstructorAideAnd Recreation Supervisor 11; Establishing The Class'dicafions Of E-Government Administrator, Management
Intern, Parks & Recreation Analyst, Senior Administrative Manager, Social Worker Int~m And Quality Assurance Officer; Amending The Grade Of Customer
Service Liaison.
Inquiries may be directed to the Human Resources and Risk Management Departm nt at (305) 673-7520.
10:40 a.m.
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, ByAmending Chapter 142, "Zoning Districts And Regulations," Artcle III, "Overlay
Districts," Creating Division 7 Entitled "Guttural Arts Neighbofiood District Overlay (CANDO)," By Including "Location And Purpose,"And "Compliance With
Regulations," Including Minimum And Average Unit Size For Rehabilitation And New Construction Projects, Mixed Use Floor Area Ratio (FAR) Incentives
Where Permitted In Order To Accommodate Affordable Housing For Guttural Arts Workers.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:45 a.m.
An Ordinance Amending The Land Deveropment Regulations Of The Code Of The City Of Miami Beach, ByAmending Chapter 118, "Administration And
Review Procedures,"Article X, "Historic Preservation", Division 3, "Issuance Of Certificate Of Appropriateness/Cert~cate To Dig/Certificate Of
Appropriateness For Demolition", ByAmending Section 118-591 To Modify Historic Designation Procedures.
Inquiries may be directed to the Planning Department at (305) 673-7550.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an-agent, or to express their views in writing addressed to the Ciiy
Commission, c/o the City Clerk, 1700 Convention Center Drive,1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available
for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida
33139. This meeting may be continued and under such circumstances addifiopal legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission
with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction
or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to
review any document or participate in any city-sponsored proceeding, please contact (305} 604-2489 (voice), (305) 673-7218(TTY) five days in advance to
initiate your request. TTY users may also call 717 (Florida Relay Service).
I Ad #452